Cates v. State

OPINION

MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, and HOLCOMB, J.J.

In this case we must decide whether a trial court abuses its discretion when it refuses to allow defense witnesses to testify at a Franks evidentiary hearing after: (1) a defendant has made a substantial preliminary showing of falsity, and (2) the State has been allowed to present testimony in support of the affidavit’s accuracy and the affiant’s veracity. 1 The court of appeals held that the refusal to permit the defense to call witnesses was within the trial court’s discretion. 2 We disagree and hold that such a refusal is an…